Valukuri (Migration)

This matter concerned an application by Mr Valukuri for review of a decision by the Department of Home Affairs to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education. The applicant had been undertaking a Master of Technology course but had not been enrolled in a registered course for over two years. The applicant had also left Australia and did not respond to a letter from the Tribunal inviting comment on information it intended to rely upon. The decision under review was affirmed by the Tribunal.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether the applicant's visa should be cancelled in the exercise of the Tribunal's discretion. The Tribunal also considered the applicant's submissions regarding cultural, language, and academic difficulties encountered during his studies.

The Tribunal found that the ground for cancellation under section 116(1)(b) was satisfied, as the applicant had not been enrolled in a registered course for over two years, constituting a significant breach of visa condition 8516. The Tribunal noted that the applicant had left Australia and did not respond to its invitation to comment on information it proposed to rely upon, including his departure and the apparent intention to remain in India. While acknowledging the applicant's stated difficulties with cultural, language, and academic standards, the Tribunal was not satisfied that these issues caused the breach of condition 8516. The Tribunal found no evidence of hardship that would be caused by cancellation, nor any behaviour by the applicant that would justify or tend to justify cancellation.

The Tribunal concluded that the applicant's visa should be cancelled. It noted that cancellation would likely impact future visa applications, potentially restricting the applicant from lodging another visa application for three years due to Public Interest Criterion 4013.